Charlotte Motorcycle Accident Lawyer

Being on the open road on a motorcycle is a refreshing experience. Yet, with this exhilaration also comes great danger and risk. Some of the same elements that make motorcycles so much fun and absolutely unique, like speed, agility, and the being out in the elements exposed to the sunshine also exposes riders to significantly greater possible risk of significant injury or death. 

If you were in a crash, an experienced motorcycle accident attorney in Charlotte will help you get the medical treatment and care you deserve to recover the money you will need to put your life back together. The team of experienced lawyers and staff at DeMayo Law Offices has over 250 years of combined legal experience. 

You can depend on Your North Carolina Law Firm™! You can rely on DeMayo Law to get you the care and money you deserve. It does not cost anything to see if we can help. Call us today to schedule your free consultation with our team of Charlotte personal injury lawyers.

Why You Should Hire Our Charlotte Motorcycle Attorneys

For more than thirty years, we’ve been helping accident victims in North Carolina get the money they are entitled to win for serious injuries and wrongful deaths. We’ve helped over 125,000 clients receive the compensation they deserve. We take our mission core values very seriously and have experienced lawyers and a team of legal professionals who only focus on specific practice areas. and Mass Torts. 

We have over 120 legal professionals on staff with different areas of focus so that we can offer comprehensive legal representation. Our experienced legal team in Charlotte includes:

The primary reason you should choose our experienced personal injury law firm is that we deliver concrete results for our clients. While we can’t guarantee a positive outcome for your case, we will put all our experience to work for you and your family. We’ll invest our skills, knowledge, and resources into the success of your case.

We Deal With Facts

A motorcycle collision can be devastating physically and emotionally. You may be frustrated, angry, or depressed, all while dealing with insurance companies that seek to minimize your recovery and repairs. Trying to file a claim on your own will likely lead to even more stress and disappointment.  The insurance company wants to deny, disclaim, devalue, delay or distract so that they pay the least or nothing on the claim. Working for yourself against an insurance company who has their own team of experienced legal professionals working against you, is a bad idea and will take a lot of time and energy.

Hiring DeMayo Law means you have a professional advocate who is on your side guiding you every step of the way. We keep the conversation centered on your needs and handle any roadblocks, limiting the stress you may feel.

We Have to Win for You to Pay! 

Most people choose not to hire a lawyer because they think it will cost them money up front. Wrong! It Costs nothing unless we win your case!  Most people don’t have the financial means to hire a Charlotte motorcycle accident attorney after being injured. However, we know everyone should have equal access to the best legal assistance, regardless of their economic situation.

At DeMayo Law Offices, you do not pay us anything unless we win on your case. You do not pay anything upfront, no retainer, no fees, not a dime. We investigate the accident, build your injury claim, deal with the responsible party’s insurance company, and go through the entire claims process with you. You get better, that is your job.

We will fight to get you maximum compensation, even going so far as to take your case to court if necessary. If we are not successful in securing a settlement or award in your favor, you owe us nothing. If we are successful, we take an agreed-upon percentage of the amount you received; it’s that simple.

This arrangement allows accident victims from all backgrounds to rely on our services and gives us excellent incentives to pursue the compensation you need.

Available Compensation After a Motorcycle Accident in Charlotte

Estimating damages in an injury lawsuit isn’t just about lost wages due to missed work time or motorcycle repair estimates. There is a specific set of losses for which damages can be obtained, and if you don’t have a personal injury lawyer’s help in preparing your claim, you may be leaving the money you’re owed on the table.

Damages can include several different types of losses, both economic and non-economic. Economic damages (like medical bills or property damage) are easy to calculate. However, quantifying non-economic damages (such as pain and suffering and diminished quality of life) takes knowledge and extensive experience.

We will review relevant case law to determine exactly how much compensation is needed to recover all your losses, not just the ones visible to the naked eye. Mental health is even more important than repairing your motorcycle, and your compensation should reflect this.

You could receive compensation for the following kinds of damages:

  • Repairs to your bike or replacement
  • Past and future medical costs
  • Loss of income
  • Lost future wages
  • Pain and suffering
  • Emotional distress
  • Diminished quality of life

An experienced motorcycle accident lawyer in Charlotte, NC, will begin investigating immediately after you hire us. Collecting evidence while it’s still fresh will help prove that the other motorist was to blame for your injuries.

You shouldn’t try to deal with the insurance company by yourself. Hiring a lawyer is the best way to seek the maximum settlement you deserve. Motorcycle crash victims who try to file a claim without legal representation often receive less than those who hire an experienced attorney.

Punitive Damages

In North Carolina, punitive damages may be awarded in certain cases to punish the defendant for egregious conduct like DWI to deter others from similar behavior. Unlike compensatory damages, which aim to compensate the injured party for losses, punitive damages are intended to penalize the defendant for intentional or willful wrongdoing.

To secure punitive damages in North Carolina, you must demonstrate that the defendant’s actions were committed with malice, fraud, or willful and wanton conduct. It’s important to note that North Carolina caps punitive damages, limiting them to the greater of three times the amount of compensatory damages or $250,000.

Our Charlotte Motorcycle Accident Lawyers Won’t Let the Insurance Companies Take Advantage of You

Insurance companies don’t have to be straight with you. Insurance adjusters will not concern themselves with whether your case has any merit; they just want to pay you less. Using different tactics, they will try to convince you that your injuries aren’t worth the compensation you’re requesting and convince you to accept less money.

Insurance adjusters might present themselves as empathetic allies genuinely interested in helping your journey toward healing. They could also dismiss your claim entirely, strategically banking on the passage of time and the North Carolina statute of limitations to elapse, preventing you from taking legal action.

Another tactic adjusters might employ involves tempting you with a quick monetary offer, packaged as a structured settlement, contingent on your agreement to forgo any claims against their client. This maneuver seeks to exploit the financial strain often associated with the aftermath of a motorcycle crash.

Let an Attorney Deal With Insurance

An attorney can help you see past these slimy shady tactics and concentrate on what’s important: getting the compensation you and your family deserve. Dealing with insurance companies takes in-depth legal knowledge and negotiation skills. Our Charlotte motorcycle accident attorneys have years of experience with injury claims and have perfected legal strategies that deliver results.

If You Were Injured In A Motorcycle Accident, Our Attorneys Can Help You Contact Us

Build a Strong Motorcycle Accident Case

Time is of the essence in building a winning personal injury claim. Over time, witnesses might forget relevant details, and some evidence (like tire marks) could be destroyed or lost. We need to investigate early to obtain everything we need. Call us as soon as possible after the collision so we can access fresh evidence.

Important evidence for your motorcycle claim includes:

  • Eyewitness testimony
  • Police crash report
  • Repair estimates or current value for your motorcycle
  • Medical records and billing statements, physician notes, prescription medicines, hospital and surgery reports, and other documents related to your treatment
  • Your recorded statement
  • Copy of the liable driver’s auto insurance policy
  • Photos of the crash site
  • Video surveillance of the collision

At DeMayo Law Offices, innovation is a cornerstone of our approach to crafting winning personal injury cases. We pride ourselves on adopting inventive strategies that set us apart in the legal landscape. Embracing a culture of forward-thinking and calculated risks, we recognize that true progress often demands stepping beyond conventional boundaries.

Our commitment to building a strong case fuels our exploration of new avenues, integration of cutting-edge technologies, and pioneering inventive methods for legal problem-solving. This innovative mindset ensures that we leave no stone unturned and gather every shred of evidence that could help your motorcycle accident case.

How Contributory Negligence Impacts Compensation

North Carolina is one of the few states that follows a contributory negligence rule. Under this system, the injured party can not be at fault for any part of the accident to be able to recover compensation. 

If an insurance adjuster or jury finds you even 1% to blame, even if the defendant is 99% at fault, you will get nothing!  You will get awarded absolutely no damages if you are found even partially at fault. Our Charlotte motorcycle accident attorneys will protect your right to full, fair compensation.

Successfully proving negligence requires compelling evidence that clearly establishes the defendant’s sole responsibility for the incident while refuting any suggestion of contributory fault on your part. As the victim, you will face the burden of proof in showing the defendant’s negligence.

North Carolina Is a Fault State for Motorcycle Crashes

In North Carolina, motorcycle crashes are governed by a fault system, meaning that the at-fault party is responsible for the resulting damages. Unlike no-fault systems, where each party’s insurance covers their own losses, fault states require the responsible party’s insurance to compensate the injured party.

Determining fault involves assessing the actions of each involved party and identifying the one primarily responsible for the collision. Our Charlotte motorcycle accident lawyers will help you prove fault and recover your losses.

Uninsured or Underinsured Motorist (UM) Coverage in North Carolina

Even though North Carolina law requires all drivers to hold liability insurance, some don’t. Whether they didn’t renew their policy after it expired or their insurer canceled it for lack of payment, many drivers don’t have the appropriate insurance coverage.

If you get hurt in a motorcycle crash, and the at-fault driver doesn’t have liability insurance, you can file a claim with your UM insurer. This compensates you when the negligent party either doesn’t carry insurance or their limits don’t cover your total damages.

North Carolina law requires UM insurance, just like liability insurance. The limits you choose to purchase will determine the maximum settlement you can pursue in a claim. UM usually covers the same damages as liability insurance, including medical expenses, motorcycle repairs, and pain and suffering.

North Carolina’s Statute of Limitations for Personal Injury Lawsuits

The statute of limitations is a law that determines the amount of time you have to initiate legal proceedings against the defendant. In most cases, you only have three years in North Carolina to initiate a personal injury lawsuit. That may seem like a long time, but insurance claims can take months or years to resolve.

If you need to file suit and the statute has already passed, a judge can dismiss your case. The sooner you file a claim, the better chance you’ll have to win the maximum compensation you deserve. Reach out to our motorcycle attorneys in Charlotte as soon as you can to give us more time to strengthen your claim before the deadline.

How Your Injury Could Affect the Outcome of Your Case

Even if you sustained a minor injury in a motorcycle accident, you’re still eligible to seek compensation. The amount of financial damages you can receive depends on the injuries you suffer. The more severe the injury, the higher the settlement will be.

If you’re fortunate enough to walk away from the crash unharmed, you may still file an insurance claim against the liable driver for any medical treatment, property damage, or other costs you incurred. In a free consultation, the attorneys at DeMayo Law Offices can discuss what makes the most sense in your specific situation.

Motorcycle accident injuries that typically lead to more significant damages for victims include:

  • Traumatic brain injuries (TBI)
  • Head trauma
  • Loss of limb
  • Spinal cord injuries
  • Broken bones
  • Burns
  • Road rash
  • Internal damage or organ injury

Severe injuries that cause permanent disability can affect your ability to return to the job you had before the crash. Our catastrophic injury lawyers in Charlotte can help you file an insurance claim to demand reimbursement for your expenses, helping you afford continued treatment for your injuries.

Why Motorcycle Accidents Are More Dangerous Than Car Accidents

The National Highway Traffic Safety Administration (NHTSA) documented 5,932 motorcyclist deaths in 2021, an alarming 8% rise from 2020. Additionally, there was a 5% increase in injuries, with an estimated 82,686 motorcyclists injured in 2021 compared to 78,944 in 2020.

Most motorcycle accidents in the United States result in either injury or fatality to the rider. This is because motorcycles leave the rider unprotected. When you are in a car, you have an airbag, a seatbelt, and an engineered metal structure to protect you. Bikes can’t shield you from an impact in the same way.

Helmets provide some protection, but they can’t prevent all injuries when collisions involve high speeds and heavy vehicles. The force of a multi-ton vehicle is too strong for motorcycle riders to rely solely on safety gear for protection. Also, you risk being thrown from the bike and sustaining injuries from flying debris.

Common Causes of Motorcycle Accidents

If you can prove the motorcycle wreck happened through no fault of your own, you have the right to seek compensation for your injuries from the responsible party. That’s why hiring a Charlotte motorcycle accident attorney is so important. At DeMayo Law Offices, we know how to investigate a crash to determine its cause and how to prove it in court.

The most common reasons other drivers cause motorcycle accidents include:

  • Driving drunk
  • Driving under the influence of drugs
  • Driving while tired
  • Speeding
  • Tailgating
  • Failing to yield the right of way
  • Lane change
  • Failing to check blind spots
  • Running a red light or stop sign
  • Reckless driving
  • Road rage

Sometimes, environmental or situational factors contribute to crashes. If motorists don’t adjust their behavior to account for dangerous situations, like adverse weather or construction, they risk causing a collision. An experienced motorcycle accident attorney in Charlotte will investigate the circumstances of the collision and determine what caused it.

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